When a California home buyer gets both a first & second loan from the same lender, and the lender forecloses on the first- three scenarios for liability for the second deed of trust.


California home buyers often get both a first loan, and a second, usually a home equity line of credit, or “HELOC.” Generally, when a second loan is made by a different party, not as a part of the purchase, when the first forecloses, the value of the junior’s security has been wiped out (the 2nd becomes a “sold out junior”). The one form of action rule does not preclude a lawsuit for the debt on the second. However, when the same lender makes both the 1st and 2nd loans, it is more complicated. There are three typical scenarios that cover possible personal liability for the second, if the first is foreclosed.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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